- 1 -Council Decisions - 2015-08-26
KRR(2015-08-26)(SAM)[CHALL-133796]2015-08-28
COUNCIL DECISION CIRCULAR : MEETING HELD ON 2015-08-26
TO ALL DEPUTY CITY MANAGERS AND HEADS:
Attached please find decisions adopted by the Council at its meeting held on 2015-08-26.
Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.
Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.
Should further information be required on any item on the Council agenda, kindly contact
Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.
1.FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-08-11
1.1AUDIT COMMITTEE REPORT AND MAYOR’S COMMITMENT TO AUDITOR-GENERAL SOUTH AFRICA AS AT JUNE 2015 (2/10/1/1)
(Page 43)
COMMITTEE RECOMMENDS:
1.1.1That Council notes that all commitments made by His Worship the Mayor to the Auditor-General in pursuit of good governance and clean administration have been fulfilled, as per the details contained in the report by the City Manager dated July2015, with the exception of the issue relating to the establishment of the Disciplinary Board on financial misconduct but which is currently in progress.
1.1.2That the Executive Committee notes that 56% of the issues raised by the Internal Audit Unit and the Auditor-General have been addressed with 44% still in the process of being resolved and the actual progress report in terms of issues raised as at June 2015 is contained in the report by the City Manager dated July 2015.
ADOPTED.
1.2PROGRESS REPORT ON NON-REVENUE WATER REDUCTION INTERVENTIONS AS AT 31 MARCH 2015: Q3 2014/15 FY: WS 2015/106 (23/1/11/6/4)
(Page 92)
COMMITTEE RECOMMENDS:
1.2.1That the progress report on Non-Revenue Water (NRW) reduction interventions as at 31March 2015, as contained in the report by the Head: Water and Sanitation dated 2015-06-18, which outlined, amongst other things, positive progress made by the Water and Sanitation Unit by installing new pressure reducing valves (prv’s), removing illegal connections, metering unmetered properties; maintaining existing prv’s; and conducting active leak detection, be noted.
1.2.2That in view of looming drought which will have a negative impact on the system and the citizens, the City rallies for the implementation of the Smithfield Dam to be expedited as the City will be at increasing risk of reduced water availability until this scheme is commissioned.
1.2.3That in order to achieve the medium-term target of 25% NRW by volume by June 2019, it is imperative that the budget detailed in the NRW Business Plan is provided in future financial years, it being recorded that the current budget provision for Mains Replacement is less than 10% of what is required and thus a need to increase this budget.
1.2.4That a presentation on Non-Revenue Water Reduction interventions for the quarter ended June 2015 be made to the Executive Committee meeting scheduled for September2015.
ADOPTED.
1.3REQUEST FOR APPROVAL IN TERMS OF SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO AMEND THE APPOINTMENT OF THE CONTRACTOR UNDER CONTRACT NO. 1H-12109 TO INCLUDE PROJECT MANAGEMENT FOR ALTERNATIVE TECHNOLOGY HOUSES (9/1/4) & 22/7/1/1/2)
(Page 108)
COMMITTEE RECOMMENDS:
1.3.1That an amendment to Contract No.1H-12109 to include project management for detailed planning, designing, documentation, construction for alternative technology houses, in terms of Section 116(3) of the Municipal Finance Management Act, which will necessitate the extension of contract by a further 36 (thirty six) months, be approved for the following reasons:
1.3.1.1The Service provider meets the requirements of project management profession because they are registered with the South African Council for Construction and Project Management Professions (SACPCMP) and possess required experience, skills and qualifications for housing delivery.
1.3.1.2It is in the best interest of Council to amend and include the scope as contained in the report of the City Manager in order to avoid delays and deliver these critically urgent projects and assist the Municipality to enhance service delivery.
1.3.2That subject to the adoption of .1 above, public notices be advertised in the relevant media, in terms of Section 116 (3) of the Municipal Finance Management Act requesting comments and/or objections to the proposed amendments to Contract No.1H12109.
ADOPTED.
1.4REQUEST FOR HIS WORSHIP THE MAYOR, COUNCILLOR JS NXUMALO, TO ATTEND THE TWENTY-FIRST CONFERENCE OF THE PARTIES ANNUAL CLIMATE CHANGE NEGOTIATIONS (COP 21) TO BE HELD FROM 01 TO 10 DECEMBER 2015 IN PARIS, FRANCE 2015 (14/1)
(Page 112)
COMMITTEE RECOMMENDS:
1.4.1That authority be granted for His Worship the Mayor, Councillor James Nxumalo, to travel to Paris, France, to attend the Twenty-First Conference of the Parties Annual Climate Change Negotiations to be held from 01 to 10December 2015 at an estimated cost of R113699.30 (One Hundred and Thirteen Thousand Six Hundred and Ninety Nine Rand Thirty Cents only).
4.2That His Worship the Mayor be regarded to be on Municipal business during the period of the Congress and while travelling to and from Paris.
Vote: 32111.11960; R113699.30 (Provided 2015/16); FC No.: 08/09
ADOPTED.
1.5REQUEST FOR POLITICAL PRINCIPALS TO GRACE AND PRESIDE OVER TWO CEREMONIES: (1) SIGNING OF THE GO! DURBAN (INTEGRATED RAPID PUBLIC TRANSPORT NETWORK) MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE BUS OPERATORS AND (2) LAUNCH OF NEW DIAL-A-RIDE VEHICLES (26/3/1/1)
(Page 130)
COMMITTEE RECOMMENDS:
1.5.1That His Worship the Mayor and the Members of the Executive Committee grace and preside over the ceremony for the signing of the Memorandum of Agreement (MOA) between the City and the Bus Operators for the implementation of the Go! Durban and also the launch of new Dial-A-Ride vehicles to take place during August2015.
1.5.2That the Head: eThekwini Transport Authority in consultation with the Office of the Mayor finalise the dates for the signing of the MOA between the City and the Bus Operators for the implementation of GO! Durban and the launch of the new DialARide vehicles.
1.5.3That subject to the approval of the recommendation above, the Head: eThekwini Transport Authority arrange a briefing session with the Executive Committee on the MOA and the proposed programme of the ceremony as well as the Dial-A-Ride vehicles launch.
1.5.4That the Honorable MEC for Transport be invited to grace the ceremony given the fact that the KwaZulu-Natal Department of Transport is a critical service delivery partner in public transport matters.
ADOPTEDby majority vote
1.6REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2015-08-06
(Page R1)
1.6.1Naming of Street in Ward 24 Covering Garden Park (25/4/15/1):
(Page 20 : Governance and Human Resources Committee – Agenda 2015-08-06)
COMMITTEE RECOMMENDS:
That the proposed and reviewed names for the unnamed Streets in Ward 24 covering Garden Park as indicated on Plan STN 08/07/15 attached to the report of the Deputy Head : Corporate Geographic Information Systems dated 2015-07-17, be approved asfollows:-
STREET CODE / PROPOSED NAME / REVIEWED NAME / MEANING211769 / Pigeonwood / Pigeonwood Drive / Type of tree
211770 / Bushwillow / Bushwillow Crescent / Type of tree
211771 / Sicklebush / Sicklebush Terrace / Type of tree
211772 / Verbenatree / Verbenatree / Type of plant
211773 / Candlewood / Candlewood Lane / Medium sized ever green tree
211774 / Crowberry / Crowberry Lane / Type of shrub
211775 / Dragontree / Dragontree Lane / Type of plant
211776 / Horsewood / Horsewood Lane / Type of tree
211777 / Goldenleaf / Goldenleaf Lane / Type of tree
211778 / Jacketplum / Jacketplum Lane / Type of tree
211779 / Ironwood / Ironwood Lane / Type of tree
211780 / Oldwood / Oldwood Lane / Type of tree
211781 / Lemonthorn / Lemonthorn Lane / Type of shrub
211782 / Starapple / Starapple Lane / Type of tree
211783 / Paperbark / Paperbark Lane / Type of tree
211784 / Watertree / Watertree Lane / Type of tree
ADOPTED.
1.7REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE : MEETING HELD ON 2015-07-21.
(Page R3)
1.7.1Authority to Construct Water Projects WS 2015/84 (23/1/11/3/1):
(Page 17 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)
COMMITTEE RECOMMENDS:
1.7.1.1That, subject to the invitation of tenders or quotations where necessary, the Committee approves the Block sum projects listed in Report No WS2015/84 dated 2015-06-18.
1.7.1.2That, subject to the adoption of .1 above, the Head: Expenditure be authorised to include in his Adjustment Budget Report the transfer of funds from the Capital Block Sum Projects to individual projects as reflected in Report No. WS2015/84 dated 2015-06-18.
1.7.1.3That, subject to the adoption of .1 above, the Head: Real Estate be authorised to negotiate for the acquisition of, or to expropriate if necessary, the servitudes and/or land required for the construction of water infrastructure for the projects in question.
Labour based construction – housing / R989830.00 / To be met by Vote Transfer 2014/15 (Project No. X4219)Private Developments / R40000.00 / To be met by Vote Transfer 2014/15 (Project No. X4219)
Relays and Extensions / R 679000.00
R 12000.00
R 498000.00
R 450000.00
R 483863.00
R2122863.00 / To be met by Vote Transfer 2014/15 (Project No. X4215)
To be met by Vote Transfer 2014/15 (Project No. X4247)
To be met by Vote Transfer 2014/15 (Project No. X4220)
To be met by Vote Transfer 2014/15 (Project No. X4529)
To be met by Vote Transfer 2014/15 (Project No. X4219)
To be met by Vote Transfer 2014/15 (Project No. X3289)
Cost Centres : 69100 and 69200; Project No’s: Various; FC No.: 64/C42
ADOPTED.
1.7.2Public Transport Drivers’ Summit : 21-22 August 2015 (26/3/1/1):
(Page 25 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)
COMMITTEE RECOMMENDS:
1.7.2.1That the members of the Executive Committee; Human Settlements & Infrastructure Committee; and the Economic Development and Planning Committee attend the Public Transport Drivers Summit organised by GO! Durban to be held from 21to22August 2015 at the Inkosi Albert Luthuli International Convention Centre.
1.7.2.2That the Head: eThekwini Transport Authority liaise with the Party Whips for the Human Settlements & Infrastructure and the Economic Development & Planning Committees with a view to obtaining a list of members to attend the Public Transport Drivers Summit.
ADOPTED.
1.7.3WS 2015/111: Acquisition of Land for Various Water Projects (17/2/1/1/2):
(Page 63 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)
COMMITTEE RECOMMENDS:
1.7.3.1That authority be granted for the Head : Real Estate to acquire any pipeline servitude as well as any other necessary servitudes, wayleaves and encroachments and for a further authority to be granted for the acquisition of land for various Water Projects within the Water Design Branch by negotiation and/or expropriation as considered necessary for the implementation of the following projects already approved by Council:-
●X7217 :Oakford Priory - Bulk Water Supply (Ward 59);
●X6024 :Oakford Priory - Relay of 150mm Ø to Oakford primary School (Ward 59);
●X5669 : Augmentation of the Bulk Supply to Adams Mission 5 Reservoir (Wards 95 and 96); and
●X4240b: Clansthal 1 Reservoir Inlet (Ward 99); and X7207: Maphephetheni 200mm Ø Trunk Main (Wards 2 and 8).
1.7.3.2That subject to the adoption of .1 above, it be noted that approval of the BidAdjudication Committee will be sought to deviate from the Supply Chain Management Regulations for the Head: Real Estate to negotiate directly with the property owner for the acquisition of the property in question using Section36(1)(a)(ii) of the Supply Chain Management Regulations.
1.7.3.3That in the event of the negotiations being unsuccessful, the Head: Real Estate be authorised to expropriate the property affected.
1.7.3.4That in the event of the negotiations being successful, the City Manager record the reasons for the deviations and report at the next meeting of Council and include the reasons as a note to the Annual Financial Statements in terms of Section 36 (2) of the Municipal Supply Chain Management Regulations.
ADOPTED.
1.7.4Student Water and Sanitation Conference 2016: Ws 2015/101 (13/2/1/1/1):
(Page 65 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)
COMMITTEE RECOMMENDS:
That authority be granted for the Head: Water and Sanitation to organise and host the Student Water and Sanitation Conference to be held on 3 March 2016 at an estimated cost of R636918.80 (Six Hundred and Thirty Six Thousand Nine Hundred and Eighteen Rand Eighty Cents Only) as part of celebrating March as a Water Month, recognised internationally, and involving youth to collectively devise strategies to better address various critical issues that are water and sanitation related to ensure future water sustainability.
Vote: 60510.10153 R636918.80 (Provided 2015/16 operating budget)
FC No.:64/65
ADOPTED.
1.7.5Proposed Sale by Public Tender of a Crèche Site: Erf 813 Westrich, Newlands West (Tender No. HRE 325F) (17/2/1/2/3):
(Page 74 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)
COMMITTEE RECOMMENDS:
1.7.5.1That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003 that:-
1.7.5.1.1The property described as Erf 813 Westrich, Newlands West is not required for providing the minimum level of basic Municipal services; and
1.7.5.1.2The market value of the property is R200000.00 (Two Hundred Thousand Rand Only) and the social and community values to be received have been considered, it being recorded that due to the social status of the site, a nominal values is acceptable.
1.7.5.2That Child Care Facilities are listed in Schedule 4 Part B of the Constitution of South Africa as a Local Government responsibility, it being recalled the Land Affairs Policy, as approved by Council on 2002-11-19 was amended by the Executive Committee on 200408-03 in respect of Social Sales to provide that pricing of land to be developed for Child Care Facilities be on a nominal price basis, subject to the reasonable responsibilities of Council in providing such land.
1.7.5.3That in terms of Section 14 (2)(a) and (b) of the Municipal Finance Management Act 56 of 2003, the property described as Erf 813 Westrich in extent 1204m², be offered for sale in freehold by public tender at a nominal price of R1140.00 (One Thousand One Hundred and Forty Rand Only) (VAT Inclusive) subject to terms and conditions contained in tender number HRE 325F including a restrictive condition of usage and time frame in respect of building development which condition will be carried forward to the Deed of Transfer.
1.7.5.4That in the event of objections being lodged to the proposed disposal of the above site, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes Objections, Complaints andQueries”.
1.7.5.5That the residents of Newlands West be given first preference to buy the crèche site through public tender.
1.7.5.6That subject to the adoption of paragraph .1 to .5 above, the Head: Real Estate be authorized to sign all documents relating to the sale and transfer of the property to a successful tenderer.
ADOPTED.
1.7.6Proposed Deproclamation and Sale of Land :Nunhead Road Westridge: AA and MNivison (58/1/7115/5) (17/2/1/2/3):
(Page 84 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)
COMMITTEE RECOMMENDS:
1.7.6.1That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003 that:-
1.7.6.1.1The property described as Nunhead Road Westridge: AA and M Nivisonland is not required for providing the minimum level of basic Municipal services; and
1.7.6.1.2The fair market value of the land is currently assessed at R72000.00 (Seventy Two Thousand Rand Only) exclusive of VAT.
1.7.6.2That in terms of Section 211 of Ordinance 25 of 1974, the road area in extent approximately 161m² as depicted on Plan SJ 4636/9, be permanently closed and rezoned by the purchaser within two (2) years of Council authority being granted.
1.7.6.3That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Proposed Portion [A] of Rem of Erf 491 Cato Manor, together in extent approximately 161m² on Plan SJ 4636/9, be sold in freehold by private treaty to Andrew Alan Nivison (I.D. No: 5603165025087) and Michelle Nivison (I.D. No.: 6306240152087) at the current market value [R72000.00] as assessed by a Professional Valuer.
1.7.6.4That Proposed Portion [A] of Rem of Erf 491 Cato Manor be rezoned in terms of the KwaZuluNatal Planning and Development Act at the purchasers’ full cost.
1.7.6.5That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in terms of Section 36 (1)(a)(v) of the Supply Chain Management Regulations in order to formally close and sell Proposed Portion (A) of Rem of Erf 491 Cato Manor to Andrew Alan Nivison (I.D. No: 5603165025087) and Michelle Nivison (I.D. No.: 6306240152087).
1.7.6.6That an occupational levy of 10% of the purchase price be paid by Andrew Alan Nivison (I.D. No: 5603165025087) and Michelle Nivison (I.D. No.: 6306240152087) in respect of the occupation of Proposed Portion [A] of Rem of Erf 491 Cato Manor.
1.7.6.7That in the event of objections being lodged to the proposed closure and sale of Proposed Portion [A] of Rem of Erf 491 Cato Manor when it is statutorily advertised, the matter be referred to the Accounting officer for a final decision in terms of Section 50 of the Supply Chain Management Policy headed ‘Resolution of Disputes, Objections, Complaints and Queries” and thereafter to the Minister of Co-operative Governance and Traditional Affairs for consent.
1.7.6.8That in the event of the sale not being finalized within 6 (six) months from the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the properties where there has been a change in the market value.
1.7.6.9That the Head: Real Estate be authorised to sign all documents necessary to conclude the agreement.
ADOPTED.
1.7.7Proposed Alienation of Erf 61 KwaMashu P to Helena Madlala (Previously Helena Kweyi) (17/2/1/2/3):
(Page 100 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)
COMMITTEE RECOMMENDS:
1.7.7.1That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003 that:-
1.7.7.1.1The property described as Erf 61 KwaMashu P is not required for providing the minimum level of basic Municipal services; and
1.7.7.1.2The fair market value of the property is currently assessed at R200000.00 (TwoHundred Thousand Rand Only), excluding VAT.
1.7.7.2That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Erf 61 KwaMashu P, Registration Division FT in the Durban Entity, Province of KwaZuluNatal in extent approximately 638m² depicted on Plan No.SJ 4616/6, be sold in freehold by private treaty to MsHMadlala (I.D. No 400810406063) for R228000.00 (Two Hundred and Twenty Eight Thousand Rand only) Inclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.
1.7.7.3That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell Erf 61 KwaMashu P in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.
1.7.7.4That in the event of objections being lodged to the proposed disposal of Erf 61 KwaMashu P, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.
1.7.7.5That in the event of the sale not being finalized within 6 (six) months of the date of Council authority being granted, the Head: Real Estate be authorized to review the purchase price in line with the current market value of the property where there has been a change in the market value.